2016-2017

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

HOUSE OF REPRESENTATIVES

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CRIMINAL CODE AMENDMENT (FIREARMS TRAFFICKING) BILL 2017

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SCHEDULE OF THE AMENDMENTS MADE BY THE HOUSE OF REPRESENTATIVES

 

(1)     Schedule 1, page 7 (after line 10), after item 1F, insert:

2  After section 360.3 of the Criminal Code

Insert:

360.3A   Minimum penalties

             (1)  Subject to subsections (2) and (3), the court must impose a sentence of imprisonment of at least 5 years for a person convicted of an offence against this Division.

People aged under 18

             (2)  Subsection (1) does not apply to a person who was aged under 18 years when the offence was committed.

Reduction of minimum penalty

             (3)  A court may impose a sentence of imprisonment of less than the period specified in subsection (1) only if the court considers it appropriate to reduce the sentence because of either or both of the following:

                     (a)  the court is taking into account, under paragraph 16A(2)(g) of the Crimes Act 1914 , the person pleading guilty;

                     (b)  the court is taking into account, under paragraph 16A(2)(h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence.

             (4)  If a court may reduce a sentence, the court may reduce the sentence as follows:

                     (a)  if the court is taking into account, under paragraph 16A(2)(g) of the Crimes Act 1914 , the person pleading guilty—by an amount that is up to 25% of the period specified in subsection (1);

                     (b)  if the court is taking into account, under paragraph 16A(2)(h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence—by an amount that is up to 25% of the period specified in subsection (1);

                     (c)  if the court is taking into account both of the matters in paragraphs (a) and (b)—by an amount that is up to 50% of the period specified in subsection (1).

 

(2)     Schedule 1, page 12 (after line 4), after item 3M, insert:

4  After section 361.4 of the Criminal Code

Insert:

361.5   Minimum penalties

             (1)  Subject to subsections (2) and (3), the court must impose a sentence of imprisonment of at least 5 years for a person convicted of an offence against this Division.

People aged under 18

             (2)  Subsection (1) does not apply to a person who was aged under 18 years when the offence was committed.

Reduction of minimum penalty

             (3)  A court may impose a sentence of imprisonment of less than the period specified in subsection (1) if the court considers it appropriate to reduce the sentence because of either or both of the following:

                     (a)  the court is taking into account, under paragraph 16A(2)(g) of the Crimes Act 1914 , the person pleading guilty;

                     (b)  the court is taking into account, under paragraph 16A(2)(h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence.

             (4)  If a court may reduce a sentence, the court may reduce the sentence as follows:

                     (a)  if the court is taking into account, under paragraph 16A(2)(g) of the Crimes Act 1914 , the person pleading guilty—by an amount that is up to 25% of the period specified in subsection (1);

                     (b)  if the court is taking into account, under paragraph 16A(2)(h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence—by an amount that is up to 25% of the period specified in subsection (1);

                     (c)  if the court is taking into account both of the matters in paragraphs (a) and (b)—by an amount that is up to 50% of the period specified in subsection (1).

5  Application of amendments

The amendments made by items 2 and 4 of this Schedule apply in relation to conduct engaged in at or after the commencement of this Schedule.

 

 

 

 

 

 

 

                                                                                                           DAVID ELDER

                                                                                              Clerk of the House of Representatives

 

House of Representatives

25 October 2017